California Poll Workers Win Court Order Against Prosecution Threats

A federal judge in California has ordered the Justice Department to stop threatening election workers with prosecution and to stop demanding that they separate or withhold certain ballots, just days before Tuesday's midterm elections.

U.S. District Judge Trina L. Thompson of the Northern District of California issued a temporary restraining order late Friday, according to CBS News and the Associated Press. The case was brought by labor unions and other groups representing workers who process ballots in California.

What the Order Does

The order bars the Justice Department from threatening criminal prosecution of election officials over how they process ballots. It also bars the department from demanding that local officials segregate or decline to count ballots that the federal government believes may have been cast by ineligible voters.

According to CBS News, Judge Thompson also ordered the department to inform the court of any pending search warrant applications or subpoenas. The temporary restraining order expires on November 16, and the next hearing is scheduled for November 13.

Notably, the order was issued before the Justice Department had weighed in on the case. Judge Thompson explained why she acted quickly. "Election Day is around the corner," she wrote, as quoted by the Associated Press. "Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots. Given the consequences of inaction, the Court sees no reason to delay its ruling."

The Legal Basis

The judge found that federal officials had likely violated the Voting Rights Act of 1965, which prohibits attempts to intimidate, threaten or coerce people who help others vote, CBS News reported. She also found that the government was likely acting outside its legal or constitutional authority.

"Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters," she wrote.

A temporary restraining order is an emergency measure meant to preserve the situation until a court can hold a fuller hearing. It is not a final ruling on the merits of the case.

The Dispute Behind the Case

The Justice Department has pressed California officials this month to set aside mail ballots for roughly 20,000 people it alleges are not U.S. citizens. According to the Associated Press, subpoenas were issued to election officials in Los Angeles County, and at least three officials have been asked to appear before a grand jury the day after the election. It is unclear whether the department intends to bring criminal charges.

The lawsuit also pointed to letters sent in July by Harmeet Dhillon, who heads the department's Civil Rights Division, to all 50 states and Washington, D.C., which the plaintiffs described as threatening criminal prosecution of local election officials, CBS News reported.

A Series of Related Rulings

The order was one of several court decisions on the issue in recent days. Earlier in the week, another federal judge in California denied the Justice Department's request to compel the state to set aside more than 20,000 ballots, and an appeals court rejected the department's bid on Friday.

In a separate ruling, another federal judge ordered the administration to share the disputed list of names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. The government appealed that decision. A Ninth Circuit panel also ruled that federal investigations into alleged noncitizen voting in nine states will remain on hold until after Election Day.

What Both Sides Are Saying

"This ruling is a victory for the workers who make our elections possible and the communities they serve," said April Verrett, president of the Service Employees International Union.

The Justice Department criticized the order. "The judge issued an order against the federal government without even waiting to hear from the United States, while in other cases the Department's own urgent election claims are delayed by judges until after Election Day," a department spokesperson told CBS News. "That is a two-track system of justice. The Department is reviewing the order and evaluating all options."

The next hearing on November 13 will determine whether the protections continue beyond Election Day. Follow Court Magazine for continuing coverage of the legal battles shaping the 2026 midterm elections.